In a recent decision by the Australian Patent Office (
Michael John Arieni v Sun
–
Wizard Holding Pty Ltd [2021] APO 20), Spruson &
Ferguson has been successful in the first Australian opposition to
a surrender of a patent (based on available public records). The
proceeding was a combination of an opposition to a surrender of an
innovation patent and an entitlement dispute under s 191A of the
Patents Act 1990 (Cth).
The Delegate found that the Requestor/Opponent (represented by
Spruson & Ferguson) was the true inventor, instead of the
original inventors, and refused to accept the offer to surrender
the patent. The Delegate thus directed that Sun-Wizard Holding Pty
Ltd ("the original Patentee") was not the owner, and all
rights in the patent have now been transferred to a company
affiliated with the Requestor/Opponent.
